Husel trial updates: Defense rests their case after calling one witness – The Columbus Dispatch

Former Mount Carmel Health Systemdoctor William Huselis facing trial on 14 counts of murderfor allegedly hastening the deaths of patients in the intensive care unit by prescribing excessive doses of painkillers.

It's been more than a month of testimony so far as Franklin County prosecutors put 53 witnesses on the stand: loved ones of the 14 alleged victims, nurses, investigators, health system executives and lots of experts. The prosecution rested its case Tuesday.

Trial recap, first two weeks: William Husel trial updates: Thursday testimony ends early over mistrial request, arguments

Trial recap, March 7-29: Husel trial updates: Prosecution rests its case, defense to begin case Wednesday

Husel's defense attorneys beganpresenting their case Wednesday. Theyare expect to argue that Husel was providing comfort care to patients who were in their final hours of life.

In a surprise move on Thursday morning, Husel's defense team rested their case after calling one witness.

The prosecution then said they would not be presenting any rebuttal testimony.

Husel's team had been expected to present at least two other expert witnesses, however, those witnesses will no longer be called.

Closing arguments are expected to be held at 9 a.m. Monday morning.

On Wednesday morning, Dr. Joel Zivot, an anesthesiologist and critical care specialist at Emory University in Atlanta, was the first witness for Husel's defense.

Before the jury was brought into the courtroom for the day, Zivot and the attorneys met behind closed doors for nearly an hour.

When testimony got underway, Zivot, who has been practicing medicine for 27 years, said he has also studied and authored articles regarding ethics in medicine.Zivottestified that he reviewed the medical records of the 14 patients in the case at no cost and was only paid for his travel expenses.

Under questioning from defense attorney Jose Baez, Zivot testified that he believed all 14 patients for whom Husel is charged with murder died from illnesses and underlying medical conditionsnot the dosages of fentanyl ordered by Husel.

Multiple sidebars were held Wednesday afternoon as the prosecution cross-examination of Zivot began. Assistant Franklin County Prosecutor Taylor Mick asked Zivot about a copy of his resume from a previous case in Florida where he had testified.

Mick asked Zivot whether he authored his own resume or if he had someone else assist him with that. Zivot testified that he did his own resume and then was asked about the Florida resume, particularly a Bachelor's of Science degree and a Master's degree.

Zivot testified that he did not actually possess those specific degrees and that an assistant authored the resume, with Zivot failing to catch the error.

"Didn't you just testify that you prepare your own CV?," Mick asked.

Under further cross-examination Wednesday, Zivot also testified that patients who are brain dead are no longer considered alive. Family members of at least four patients called by the prosecution had testified that Husel told them he had diagnosed their loved ones as brain dead.

Zivot said giving any medication to those patients, including fentanyl, would be unnecessary, even if the patient maintained a heartbeat.

"A person that is dead requires nothing," Zivot said. "There's no reason to give a dead person anything. I'm sorry, a former person."

"I don't know why someone would give fentanyl to someone who's dead," Zivot testified a few minutes later.

Zivot also testified about the necessity for critical care doctors to provide families with complete information to get informed consent, as well as the need to be present bedside to assess pain in real-time.

"The only monitor we have for pain is empathy," Zivot said, adding that doctors have to be present at a patient's bedside during end of life to determine whether pain ispresent.

Multiple loved ones of the deceased patients in this trial have testified that Husel was monitoring their loved one's final moments from a nurses' station in the Mount Carmel West intensive care unit, not in the patients' room.

Prior to testifying, prosecutors had sought to exclude Zivot's testimony because he had spoken with Husel while generating his opinions, which is barred by Ohio's evidence rules. There also was discussion that should Zivot testify about what Husel said, it could force Husel to relinquish his Fifth Amendment right to remain silent.

During his testimony Wednesday, Zivot did not mention his conversations with Husel, avoiding the issue.

It is not known how many witnessesthe defense will call. As the case has progressed since Husel's indictment in 2019, the defense has submitted a list of more than 100 names of potential witnesses, including doctors and nurses who have already testified for the prosecution in the case.

--Bethany Bruner

Fight over witnesses: Three defense experts should be barred from testifying in Husel trial, prosecutors argue

Husel's defense team is led by two notable names: Diane Menashe and Jose Baez.

Menashe is alocal attorney with Ice Miller. She previously has defended high-profile clients Brian Golsby, who wasconvicted of killingOhio State University student Reagan Tokes, and Quentin Smith, who wasconvicted of killing Westerville police officersAnthony Morelli and Eric Joering.

Baez is an attorney based in Florida who was hired by Husel.

He came to national notoriety bydefending Casey Anthony in 2011, who was accused of killing her 2-year-old daughter Caylee. Anthony was found not guilty of murder.

Baez went on to represent Aaron Hernandez, the former New England Patriots tight end, in a case in whichHernandez was acquittedof killing two people after an altercation at a Boston nightclub.

The attorney, who alsobriefly represented Harvey Weinstein, has also appeared on television shows as a commentator and has published books about the Anthony and Hernandez cases.

Menashe and Baez are expected to be assisted by Gabrielle McCabe and Jaime Lapidus, bothof Baez's law firm, during the course of the trial.

Husel is currently charged with intentionally giving doses of fentanyl that the prosecution contends werelethal to 14 patients. Those patients are Joanne S. Bellisari, 69; Ryan Hayes, 39;Beverlee Ann Schirtzinger, 63; Danny Mollette, 74; ; Brandy McDonald, 37; Francis Burke, 73; Jeremia Hodge, 57; James Allen, 80; Troy Allison, 44; Bonnie Austin, 64; James Nickolas Timmons, 39; Sandra Castle, 80; Rebecca Walls, 75; and Melissa Penix, 82.

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Husel trial updates: Defense rests their case after calling one witness - The Columbus Dispatch